Workers’ Comp | Virginia Lawyers Weekly

No ‘Lost Wages’ Claim for Plant Furlough

By Deborah Elkins
Published: July 19, 2011
Tags: Judge James W. Haley Jr., Virginia Court of Appeals, Workers' Comp

A claimant who was furloughed from work for a pre-defined and limited duration that applied to all manufacturing employees, whether or not they were work-restricted, is not entitled to lost wages, in the absence of evidence showing a causal relationship between his restricted capacity and the wage loss; the Court of Appeals reverses the commission’s [...]

Comp Claim Remanded on Limitations Issue

By Deborah Elkins
Published: July 19, 2011
Tags: Judge Robert J. Humphreys, Virginia Court of Appeals, Workers' Comp

On rehearing en banc, the Court of Appeals says claimant’s application for a change in condition after an initial “medical-only award” was not barred by the statute of limitations, but the court remands the case to the commission to determine the date when the limitations period under Va. Code § 65.2-708(A) began to run.
A Prince [...]

Employee Can Seek New Physician

By Deborah Elkins
Published: July 6, 2011
Tags: Judge Rossie D. Alston Jr., Virginia Court of Appeals, Workers' Comp

The Court of Appeals reversed a majority decision of the commission affirming the decision of a deputy commissioner that employee’s treatment by a physician recommended by her attorney was unauthorized; the Court of Appeals found that employer’s letter constituted a denial of benefits allowing employee to select a new physician at employer’s expense under Va. [...]

Claimant’s Testimony Credible for Award

By Deborah Elkins
Published: July 6, 2011
Tags: Judge William G. Petty, Virginia Court of Appeals, Workers' Comp

The Court of Appeals affirmed an award of benefits over an employer’s objections to causation and the timeliness of notice; the deputy commissioner and full commission properly credited employee’s testimony and employer has shown no prejudice.
Employee was injured working as a “strad” operator. Fearing for his job, employee did not [...]

Claimant’s Delayed Injury Report OK

By Deborah Elkins
Published: June 9, 2011
Tags: Judge Cleo E. Powell, Virginia Court of Appeals, Workers' Comp

The Court of Appeals affirmed the commission majority awarding benefits to an employee who reported his injury to employer after learning of its severity; employer has not shown any prejudice.
Employee injured his right knee at work. He initially believed the injury was not serious and attempted to run recreationally but experienced [...]

Trip & Fall Claim Needs ‘Actual Risk’ Test

By Deborah Elkins
Published: June 9, 2011
Tags: Judge Rossie D. Alston Jr., Virginia Court of Appeals, Workers' Comp

The Court of Appeals’ majority reverses the commission’s award of benefits to an employee injured in a trip over a 5/8 inch threshold because the commission relied on precedent without applying the actual risk test to determine if the injury was work related; a remand is necessary.
Employee was employed as an instructor teaching customer service [...]

No PTSD Benefits for Deputy Sheriff

By Deborah Elkins
Published: June 6, 2011
Tags: Judge Rudolph Bumgardner III, Virginia Court of Appeals, Workers' Comp

A deputy sheriff who discovered a jail inmate not moving, with a blue and white face and dried foam around her mouth, and who was unable to revive the inmate by following instructions from a 911 dispatcher, before emergency personnel appeared to remove the inmate to the hospital, is not entitled to collect workers’ comp [...]

Permanent Benefits Awarded in 2008 for 1999 Injury

By Deborah Elkins
Published: June 6, 2011
Tags: Judge Rossie D. Alston Jr., Virginia Court of Appeals, Workers' Comp

The Court of Appeals upholds permanent total disability benefits for a VDOT crew member who injured his back in a 1999 work-related injury when a large aluminum warning sign blew onto him, and by 2008, he was unable to use his legs in any employment.
The commission clearly considered claimant’s medical records, as it provided [...]

No Waiver of Benefits from Joint Stipulation

By Deborah Elkins
Published: June 2, 2011
Tags: Judge Larry G. Elder, Virginia Court of Appeals, Workers' Comp

The Court of Appeals majority reverses and remands the commission’s decision that employee’s claim for permanent disability benefits is barred by the statute of limitations; the commission’s initial order expressly reserved employee’s claim for permanent disability benefits and the parties’ subsequent joint stipulation silent on this point is not the clear showing of withdrawal that [...]

Receiving Clerk’s Torn Rotator Cuff Compensable

By Deborah Elkins
Published: June 2, 2011
Tags: Judge Larry G. Elder, Virginia Court of Appeals, Workers' Comp

The Court of Appeals affirms the commission’s award of benefits to a grocery store receiving employee injured helping a vendor move 20 cases of beer; the record evidence shows injury at a reasonably definite time that was causally connected to work conditions; inconsistent witness statements present a credibility determination for the trier of fact.
Employee was [...]

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